Bill Text: MS SB2638 | 2024 | Regular Session | Comm Sub
Bill Title: Cottage foods; further define and increase seller's allowed annual gross sales amount to $50,000.00.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-15 - Died On Calendar [SB2638 Detail]
Download: Mississippi-2024-SB2638-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Agriculture
By: Senator(s) Seymour
Senate Bill 2638
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTION 75-29-951, MISSISSIPPI CODE OF 1972, TO FURTHER DEFINE COTTAGE FOODS AND RELATED TERMS; TO PROVIDE A LIST OF FOODS THAT ARE AUTHORIZED AS COTTAGE FOODS WITHIN THE STATE; TO INCREASE THE MAXIMUM ANNUAL GROSS SALES FOR A COTTAGE FOOD OPERATION TO BE EXEMPT FROM FOOD ESTABLISHMENT PERMIT FEES; TO AMEND SECTION 67-3-11, MISSISSIPPI CODE OF 1972, TO EXEMPT HOMEMADE ALCOHOL PRODUCTS SOLD IN A COTTAGE FOOD OPERATION FROM HOMEMADE WINE AND BEER RESTRICTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 75-29-951, Mississippi Code of 1972, is amended as follows:
75-29-951. (1) As used in this section, the following words have the following meanings unless context clearly provides otherwise:
(a) "Cottage food" means products that are specific types of foods that individuals are allowed to make in their private homes with the intention to sell said food items for public consumption. Cottage foods must:
(i) Be nonhazardous;
(ii) Not require time and/or temperature control to remain safe for consumption;
(iii) Be stored in the seller's home or small-scale food operation following the safe food handling guidelines outlined in the United States Food and Drug Administration Retail Food Code to prevent adulteration caused by insects, household chemicals, water damage, unsanitary conditions and any other spoilage that would cause the cottage food products to be unsafe for consumption; and
(iv) Not have been found to support the growth of pathogens by the Food and Drug Administration.
(b) "Private home" means the location where a person resides.
(c) "Specific types of foods" means foods approved as cottage foods as listed in subsection (2) of this section.
(2) Approved cottage foods include, but not limited to:
(a) Baked goods without cream, custard or meat fillings;
(b) Candy and confections;
(c) Chocolate covered nonperishable foods;
(d) Dried fruit, excluding melons;
(e) Dried pasta;
(f) Dried spices;
(g) Dried baking mixes;
(h) Granola;
(i) Cereal;
(j) Trail mixes;
(k) Dry rubs;
(l) Fried pies;
(m) Jams, jellies, and preserves that comply with the standard described in part 150 of Title 21 of the Code of Federal Regulations;
(n) Nut mixes;
(o) Popcorn;
(p) Vinegar;
(q) Mustard;
(r) Waffle cones;
(s) Acidified products which meet the definition as stated in part 114 of Title 21 of the Code of Federal Regulations;
(t) Wine and any alcoholic beverage, as defined in Section 67-1-5, or beer, light wine or light spirit product, as defined in Section 67-3-3;
(u) Dried herbs, teas and vegetables; and
(v) Sorghum.
( * * *3) (a) A cottage food operation must
comply with the applicable requirements of this section but is exempt from the
permitting requirements of Section 41-3-18 if the cottage food operation
complies with this section and has annual gross sales of cottage food products
that do not exceed * * *
Fifty Thousand Dollars ($50,000.00).
(b) For purposes of this subsection, a cottage food operation's annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation. A cottage food operation must provide the department, upon request, with written documentation to verify the operation's annual gross sales.
( * * *4) A cottage food operation may not sell
cottage food products over the internet, by mail order, or at wholesale or to a
retail establishment; however, this does not prohibit the advertising of
cottage food products over the internet, including through social media. * * *
( * * *5) A cottage food operation may only
sell cottage food products which are prepackaged with a label affixed that
contains the following information:
(a) The name and address of the cottage food operation;
(b) The name of the cottage food product;
(c) The ingredients of the cottage food product, in descending order of predominance by weight;
(d) The net weight or net volume of the cottage food product;
(e) Allergen information as specified by federal labeling requirements;
(f) Appropriate nutritional information as specified by federal labeling requirements, if any nutritional claim is made; and
(g) The following statement printed in at least ten-point type in a color that provides a clear contrast to the background of the label: "Made in a cottage food operation that is not subject to Mississippi's food safety regulations."
( * * *6) This section does not exempt a
cottage food operation from any federal tax laws, rules, regulations,
or certificates that applies to all cottage food operations.
( * * *7) (a) The department may investigate
any complaint that alleges that a cottage food operation has violated an
applicable provision of this section or rule adopted under this section.
(b) Only upon receipt of a complaint, the department's authorized officer or employee may enter and inspect the premises of a cottage food operation to determine compliance with this section and department rules. A cottage food operation's refusal to permit the department's authorized officer or employee entry to the premises or to conduct the inspection is grounds for disciplinary action pursuant to Section 41-3-59.
( * * *8) This section does not apply to a
person operating under a food permit issued pursuant to Section 41-3-18.
SECTION 2. Section 67-3-11, Mississippi Code of 1972, is amended as follows:
67-3-11. (1) Every person shall have the right to make homemade wine for domestic or household uses only, free of all restraint by this chapter or otherwise, and no such election as provided for in Sections 67-3-7, 67-3-9 and 67-3-13, shall deprive any person of the right to make homemade wine for domestic or household uses only.
(2) (a) Every person twenty-one (21) years of age or older shall have the right to make homemade beer for personal, family, domestic or household uses without restraint by this chapter or otherwise.
(b) The maximum amount of homemade beer that a person may make in a calendar year shall not exceed:
(i) One hundred (100) gallons if there is only one (1) person over the age of twenty-one (21) years of age residing in the household; and
(ii) Two hundred (200) gallons if there are two (2) or more persons over the age of twenty-one (21) years residing in the household.
(c) A person who makes homemade beer as authorized in this section may remove the beer from the premises of the household where it is made and transport the beer only for the purpose of participating in a bona fide exhibition, contest or competition where homemade beer is being tasted and judged; however, homemade beer may not be sold or offered for sale under any circumstances.
(3) The restrictions of subsections (1) and (2) of this section do not apply for homemade wine and any alcoholic beverage, as defined in Section 67-7-5, or beer, light wine or light spirit products as defined in Section 67-3-3, when the individual is creating homemade alcohol products as allowed by the cottage food rules and regulations within Section 75-29-951. Homemade alcohol products sold in a cottage food operation shall be subject to any federal tax laws, rules, regulations, or certificates that apply to all cottage food operations. Homemade alcohol products produced for a cottage foods operation must utilize fruits, grapes or muscadines that are one hundred percent (100%) grown in Mississippi on the cottage food operator's farm or residence. A cottage food operation shall not sell any homemade alcohol products with a percent alcohol content that exceeds eighteen percent (18%). A person creating homemade alcohol products to be sold in a cottage food operation shall not create more than three hundred (300) gallons of alcohol products per year.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
